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Living in mission viejo California sfr. Moved in Oct 2012. Had a 6 month lease until April 2013 signed and lo took original to make a copy when returned the lease now said month to month until April handwritten on top. Also written in terms of use for garage area. At time we let it slide because we had cap credit and needed to take what we could...bad on our part I know. Our lol has history of harassment with previous tenant and was a thorn until health issues now back on her feet she is a thorn again. But not the issue. We were verbally told that we would be in this rental for years to come that they wanted a family that would treat the house as their own. Started with 6 month so our lease would terminate in April instead of Oct for better renting season. Agreed and signed made it to April and signed new lease for 1 year. April 1 2013 thru March 28 2014 but with mutual understanding of longterm residents. I know life happens and promises aren't always kept but now that our lease is coming up we were given notice that they are not renewing any length of tenancy longterm or month to month. Their right to do so. However I am 6.5 months pregnant now and will be 9 months at lease end March 28 2014. We have never been late pay with cashier check either early or on time. They claim to be selling and want the rental vacant during the time of showing. Again their prerogative. Here is my issue and questions.
We found another place and we're approved but it's available now. We asked to be let out of our lease early so we could take it and were denied. They won't let us out and won't let us stay during sale on month to month. Because she has decided to be difficult I have been scouring our lease and law books and found some mistakes according to laws but don't know ramifications of her mistakes. 1) can law states no deposit can be deemed nonrefundable all monies collected other then those for processing application screening fees and or actual rent collected. Everything else consider security even if collected separately and must be refundable. Does this void our lease in any way since she wrote it in as non refundable or is it a wait and see if refunded and if not sue in court for up to 3 X's the amount paid? 2) original lease stated rent 2300.00 we agreed to 80 discount to do lawn maintenance ourselves making rent 2220.00 a month. Current lease says rent is actually 2220.00 and written on second page says we are to deduct 80.00 a month for lawn care. We have been paying the 2220 but does the lease entitle us to 80.00 a month back from ll for every month we continued to pay the 2220? Technically it states rent is 2220 and we should deduct 80 making it 1940.00 owed if you abide by terms? Yes?? No?? I am at the point that I want everything we can get legally since ll unwilling to be helpful after we have been so accommodating. We have 3 children number 4 on the way all known by ll beforehand. Ll screwing us just because she can. We can not afford to pay rent on two places for Feb and march but can't conceive of moving when I might very well be in the hospital having baby. Plus I have been on modified bed rest since Oct 2013 with disability form from doctor. Does that having any influence here? Is it legal to kick out a person on disability? Pretty sure it is but what about pregnant women? Idt any of that matters but looking for something anything to let us leave now without owing rent thru april. Also failed to provide lead poison pamphlet.
We were verbally told that we would be in this rental for years to come that they wanted a family that would treat the house as their own.
Irrelevant.
We found another place and we're approved but it's available now. We asked to be let out of our lease early so we could take it and were denied. They won't let us out and won't let us stay during sale on month to month. Because she has decided to be difficult I have been scouring our lease and law books and found some mistakes according to laws but don't know ramifications of her mistakes.
She's not being difficult. She's running a business and conducting it as such. She has no legal obligation to let you out of your lease although she does have to mitigate her damages and, if you leave, charge you only for the period during which she's unable to re-rent the place.
1) can law states no deposit can be deemed nonrefundable all monies collected other then those for processing application screening fees and or actual rent collected. Everything else consider security even if collected separately and must be refundable. Does this void our lease in any way since she wrote it in as non refundable ...
No.
or is it a wait and see if refunded and if not sue in court for up to 3 X's the amount paid?
That ^. You have an obligation when you leave to ask her for a walk-through which I believe in CA she must agree to and she has a state-mandated time frame in which to return your security deposit less any damages for documented damages.
2) original lease stated rent 2300.00 we agreed to 80 discount to do lawn maintenance ourselves making rent 2220.00 a month. Current lease says rent is actually 2220.00 and written on second page says we are to deduct 80.00 a month for lawn care. We have been paying the 2220 but does the lease entitle us to 80.00 a month back from ll for every month we continued to pay the 2220? Technically it states rent is 2220 and we should deduct 80 making it 1940.00 owed if you abide by terms? Yes?? No??
The terms of your current lease prevail. However, you signed this new lease in April 2013 and since you made no objection to the new clause or questioned it I'm not sure you have much of a case for now backtracking. In turn she could as easily say that you didn't properly take care of the yard ...
I am at the point that I want everything we can get legally since ll unwilling to be helpful after we have been so accommodating.
What is she not being helpful about? Your lease is almost over so move now. All you'll be out if you move in February is one month's rent and if she's able to rent the place out again by March 1st you won't be out that month either.
We have 3 children number 4 on the way all known by ll beforehand. Ll screwing us just because she can. We can not afford to pay rent on two places for Feb and march but can't conceive of moving when I might very well be in the hospital having baby. Plus I have been on modified bed rest since Oct 2013 with disability form from doctor. Does that having any influence here? Is it legal to kick out a person on disability? Pretty sure it is but what about pregnant women? Idt any of that matters but looking for something anything to let us leave now without owing rent thru april. Also failed to provide lead poison pamphlet.
Your current pregnancy and your financial situation aren't the LL's problem. No, your being on bed rest isn't a legal excuse to get out of paying one month's rent. Why would you be paying rent through April if your lease ends at the end of March? And her not supplying you with a lead poison pamphlet would only be an issue if you sustained lead poisoning. Certainly not any basis for breaking a lease.
I don't see how you get legally break the lease immediately based on the info you provided.
If you really want to move in at new place now, then you are stuck paying full rent for Feb anyway since you need to give move out notice. Then landlord can attempt to rerent for March. If landlord rerents for part of February then landlord would owe you refund for the days the new tenant lived there (since they can't double dip rent from 2 parties)
IF landlord doesn't find someone to rerent and then you are stuck paying rent for 2 places for March. Most likely the landlord must attempt to rerent to someone else. If they don't then you don't owe rent. This is called Mitigate Damages. Check your state law to confirm your state forces landlord to Mitigate Damages. A few states don't require landlord to attempt to rerent.
If you don't have the funds to pay rent for Feb and maybe March, then find a rental with move in date end of March so you maybe overlap rent for 1 week or less and maybe no overlap at all.
Posts like these are the reason why I go all out, no expense spared, in screening my tenants.
Jesus... Christ.
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